The suit filed by Selangor executive council (exco) member and PKR Youth chief Nik Nazmi Nik Ahmad against former attorney-general Abdul Gani Patail (photo below), the Attorney-General’s Chambers (AGC) and the government for malicious prosecution will go on trial on Oct 16 and 17.

This follows the Court of Appeal’s dismissal today of the appeal by the three defendants to challenge the decision of the High Court in Kuala Lumpur to disallow their striking-out application filed four months ago.

Justice Umi Kalthum Abdul Majid, who headed the three-member bench, said the decision was unanimous.

“The appeal is dismissed and we make no order as to costs,” she said.

The other judges were Justice Abdul Rahman Sebli and Justice Zaleha Yusof.

Nik Nazmi filed the suit against the three parties for continuously charging him under the Peaceful Assembly Act 2012 (PAA) for organising the Black 505 rally four years ago, despite the fact that the charge, an offence under Section 9(5) of the Act, had been declared unconstitutional by the Court of Appeal on April 25, 2014.

Despite this Nik Nazmi who was originally granted a discharge not amounting to an acquittal by the Petaling Jaya Sessions Court was re-charged again on May 6, 2014.

This is while the prosecution was appealing the decision made through another case.

In another decision by the Court of Appeal in the R Yuneswaran case, the appellate court ruled that the requirement to give a 10-day notice before a public assembly, where Nik Nazmi was earlier charged is constitutional.

Today, senior federal counsel Kamal Azira Hassan argued that the suit was irrelevant since Nik Nazmi had pleaded guilty last year when he was charged for the third time at the Shah Alam High Court and that this showed there was no reasonable cause of action.

However, Justice Umi Kalthum said the malicious prosecution and misfeasance in public office suit applied to the second time Nik Nazmi had been charged.

“This is despite the COA having made the decision that Section 9(5) was declared unconstitutional then.

“This is regardless of him pleading guilty or not,” she said.

However, Kamal Azira questioned whether there had been a malicious prosecution, given that the accused had pleaded guilty.

The senior federal counsel said the reason why Nik Nazmi was charged again was to ensure the integrity of the ongoing appeal, as the government was also appealing a case involving PKR Johor executive secretary R Yuneswaran.

Nik Nazmi's lawyer, Syahredzan Johan, told the court that the fact the government claimed it wanted to maintain the integrity of the appeal when his client was charged the second time showed that this matter should go to trial.

It was also reported that the AG's Chambers is also appealing on the RM1,500 fine which had been paid by Nik Nazmi when he pleaded guilty.